Nazaruddin a., vs Kerala State Electricity Board Ltd.,

Type Court Judgment Court Kerala Decided May 20, 2022

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https://sooperkanoon.com/case/1440565

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Citation: sooperkanoon.com/1440565
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: May 20, 2022
Case Number: WP(C)/330/2020

Parties & Advocates

Appellant / Petitioner

Nazaruddin a.,

Respondent

Kerala State Electricity Board Ltd.,

Excerpt

.....pointed out that, theemployee named in ext.p5 was not given gratuity and it was in such circumstances that 75% of his pension was decided to be paid as provisional pension. in the petitioner’s case, the entire amount of gratuity has been disbursed and hence, the decision to pay only 50% of the eligible pension as provisional pension.4. having heard the learned counsel on either sideand in the light of the decision in venu.p.(supra), i find more merit in the contentions put forth on the petitioner’s behalf. the fact that, 75% of the eligible pension is being paid to a similarly placed employee is not in dispute. even otherwise, there is no justification in paying only 50% of eligible pension to the petitioner, on the premise that the entire gratuity amount is paid to him. the writ petition is hence disposed of, directing the respondents to disburse 75% of petitioner’s eligible pension as provisional pension from 01.07.2022 onwards. the differential amount of provisional pension due from 01.12.2018 till 01.07.2022, shall be disbursed within three months of receipt of a copy of this judgment. sd/- v.g.arun judge rk appendix of wp(c) 330/2020 petitioner exhibits exhibit p1 true copy of the order no.pa ix/ppo no.43972/provl.pen./67 dated 18/03/2019 issued by the accounts officer of the first respondent. exhibit p2 true copy of the order no.pa ix/ppo by the accounts officer. exhibit p3 true copy of the representation filed by the petitioner before the 2nd respondent dated 16/09/2019. exhibit p4 true copy of the communication no.ebps.18/1838/2018 dated 5/12/2019 issued by the 3rd respondent. exhibit p5 true copy of the order no.pa i/ppo 41746 dated 9/4/2019 issued by the 2nd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944 PETITIONER/S: NAZARUDDIN A., AGED 57 YEARS, RETIRED ASSISTANT ENGINEER (ELECTRICAL), KERALA STATE ELECTRICITY BOARD LTD., ELECTRICAL SECTION, KRISHNAPURAM, KAYAMKULAM, (RESIDING AT EDAPPARAMBIL HOUSE, ERUVA SOUTH, KAYAMKULAM P.O., ALAPPUZHA DISTRICT). BY ADVS. K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN SRI.GOKUL D. SUDHAKARAN RESPONDENT/S: 1 KERALA STATE ELECTRICITY BOARD LTD., REPRESENTED BY ITS SECRETARY, VYDYUTHI BHAVANAM, 2 THE CHIEF ENGINEER (H.R.M.), KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, 3 THE DEPUTY CHIEF ENGINEER (H.R.M.)II, KERALA STATE ELECTRICITY BOARD LTD., VYDYUTHI BHAVANAM, BY ADV SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY BOARD LIMITED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 20th day of May, 2022 The petitioner retired from the Electricity Board as Assistant Engineer on 30.11.2018. The petitioner is being paid only 50% of his eligible pension for the reason that a vigilance case is pending against him. This writ petition is filed seeking to quash Ext.P4 communication, rejecting the petitioner’s request to release his retirement benefits in full and to direct the Electricity Board to disburse atleast 80% of his eligible pension.

2. Learned Counsel for the petitioner placed

reliance on the Division Bench decision in Venu P. v. Union of India and others [2020 (1) KHC 382] to contend that, maximum pension should be sanctioned as the provisional pension based on the qualifying service of the retired employee and that, pension is termed provisional only to reserve the Government’s right to recover from the pension, any pecuniary loss caused or to withhold or to withdraw, a part or even the whole of the pension as a punishment. Learned Counsel also points out that, till date the vigilance case initiated against the petitioner has not attained finality and payment of eligible pension as only 50% provisional pension to the petitioner causing immense hardship to him. It is submitted that under Ext.P5, another employee involved in criminal case is being paid 75% of admitted pension as provisional pension.

3. Learned Standing Counsel pointed out that, the

employee named in Ext.P5 was not given gratuity and it was in such circumstances that 75% of his pension was decided to be paid as provisional pension. In the petitioner’s case, the entire amount of gratuity has been disbursed and hence, the decision to pay only 50% of the eligible pension as provisional pension.

4. Having heard the learned Counsel on either side

and in the light of the decision in Venu.P.(supra), I find more merit in the contentions put forth on the petitioner’s behalf. The fact that, 75% of the eligible pension is being paid to a similarly placed employee is not in dispute. Even otherwise, there is no justification in paying only 50% of eligible pension to the petitioner, on the premise that the entire gratuity amount is paid to him. The Writ Petition is hence disposed of, directing the respondents to disburse 75% of petitioner’s eligible pension as provisional pension from 01.07.2022 onwards. The differential amount of provisional pension due from 01.12.2018 till 01.07.2022, shall be disbursed within three months of receipt of a copy of this judgment. Sd/- V.G.ARUN JUDGE RK APPENDIX OF WP(C) 330/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.PA IX/PPO NO.43972/PROVL.PEN./67 DATED 18/03/2019 ISSUED BY THE ACCOUNTS OFFICER OF THE FIRST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER NO.PA IX/PPO BY THE ACCOUNTS OFFICER. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 16/09/2019. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.EBPS.18/1838/2018 DATED 5/12/2019 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P5 TRUE COPY OF THE ORDER NO.PA I/PPO 41746 DATED 9/4/2019 ISSUED BY THE 2ND RESPONDENT.

Same Court & Year Kerala · 2022 Same Parties Nazaruddin a., vs Kerala State Electricity Board Ltd., Same Judge Honourable Mr.Justice V.G.Arun